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Military Leave (USERRA)

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) determines University policy on military service and mobilization.  USERRA rights notices are posted throughout the University and are available through the Office of Human Resources.  Human Resources and the employee’s supervisor must be notified promptly of leave dates so that plans can be made accordingly.

The University will comply with all provisions of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System.

You have the right to be reemployed if you leave your position to perform service in the uniformed service and you provide advance written or verbal notice of your service, you have five years or less of cumulative service in the uniformed services while employed by the University, you return to work in a timely manner after the conclusion of service and you have not been separated from service with a disqualifying discharge or under other than honorable conditions. If you are eligible to be reemployed, you will be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.

Staff members who are required to go on active duty for training with the National Guard or the Reserve components of the Armed Forces shall be paid the difference between the amount paid by the government (excluding travel subsistence and quarters allowance) and the staff member's regular wages for the appropriate period, which for the purpose of this policy is defined as a period not exceeding thirty (30) days. Human Resources must be provided with the information for appropriate pay adjustments. 

Military leave that extends beyond 30 days will be compensated by military pay and, at the employee’s discretion, the use of vacation or personal time.   

If you leave your position to perform military service, you have the right to elect to continue your existing health plan coverage for you and your dependents for up to thirty (30) days while in the military. If you do not elect to continue coverage during your military service, you have the right to be reinstated in the company’s health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., preexisting condition exclusions) except for service-connected illnesses or injuries.

All benefits will continue during the first 30 days at no cost to the employee except for his/her share of premiums.

The University’s current policies regarding benefits while on Military Leave beyond 30 days are:

  • Pension: Pension participation or eligibility for participation will resume immediately upon return.
  • Life Insurance: Not provided. Coverage is provided by the military.
  • Tuition Benefits: Benefits for spouse/children are continued during leave.
  • Health Insurance:  The employee may continue coverage for up to 24 months from the date of active duty.  For the first six months, the employee will pay the employee cost share only; for months 7 through 24, the employee is responsible to pay the full cost of the health insurance to continue the coverage.
  • Service: Time in the military is credited as University service to the extent military service is not discretionary.
  • Seniority: No loss of seniority or status which would have been gained by working.
  • Re-employment:  In the same position or one at comparable level.

In all cases The University of Scranton will comply with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and related legislation.